®Planning appeal decision
260 Windsor Street, BIRMINGHAM, B7 4DX
change of use of first floor commercial annex office and part of ground floor to 3-bed HMO (Use Class C4) and installation of rear balcony
- Authority
- Birmingham City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Moore J
Main issues, as the Inspector framed them
- Whether the proposed development would provide acceptable living conditions for future occupiers, with particular regard to levels of noise and disturbance, and the provision of private amenity space
What decided it
The unacceptable harm to the living conditions of future occupiers through inadequate assessment of noise impacts and provision of private amenity space significantly and demonstrably outweighed the limited benefits of housing delivery.
The significant harm to living conditions of future occupiers outweighed the limited benefits of housing delivery and economic benefits, even accounting for the Council's inability to demonstrate a five-year housing supply
Framework references: 135, 191
Plan policies cited: Policy PG3, Policy TP27, Policy DM2, Policy DM6, Policy DM11
Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.